Or. Admin. R. 851-031-0040 - [Effective 12/25/2024] Nurses Not Licensed in Oregon Hired to Meet a Temporary Staffing Shortage

(1) Per ORS 678.031 and 678.034, nurses who are contracted or hired in Oregon to meet a temporary staffing shortage in a coronary care unit, intensive care unit, emergency department, or long-term care facility, and who do not hold a current Oregon license, may be temporarily employed and placed on the work schedule if the employer's chief nursing officer (or equivalent) submits written notification to the Board of Nursing by the day the nurse is placed on staff stating:
(a) Date nurse(s) placed on staff;
(b) Name(s) of nurse(s);
(c) Jurisdiction(s) of current licensure of nurse(s) so hired indicating evidence used to determine current unencumbered licensure;
(d) Nature of staffing shortage; and
(e) There is no labor dispute affecting nurses at the place of employment.
(2) A nurse hired under ORS 678.031(6)(e):
(a) Must apply for an Oregon license to practice nursing by the day the nurse begins practicing in Oregon.
(b) A nurse not applying for an Oregon license by the day the nurse begins practicing in Oregon is subject to a civil penalty for practicing nursing without an Oregon license as per ORS 678.021.
(c) The Board may deny the application of the nurse at any time during the licensing process if the nurse does not meet the qualifications for licensure. Once denied, the employer must not utilize the nurse in the practice of nursing. If the nurse continues in the practice of nursing in Oregon, the nurse, the chief nursing officer (or equivalent), and the employer may be subject to Board sanction and civil penalty.
(d) The employer and the nurse are each accountable for verifying if the license has been issued after the first 30 days of the nurse beginning practice in Oregon. If no license has been issued, the employer must contact the Board for a one-time extension for an additional 30 days.
(e) If no license has been issued by the 60th day of the nurse beginning practice in Oregon, the employer must cease using the nurse until such a time that a license is issued. Failure to comply may result in Board sanction and civil penalty for the employer, chief nursing officer (or equivalent), and the nurse.

Notes

Or. Admin. R. 851-031-0040
NER 1-1986, f. & cert. ef. 4-3-86; NER 2-1986, f. & cert. ef. 4-9-86; NB 1-1994, f. & cert. ef. 4-1-94; Renumbered from 851-020-0172; BN 10-1998, f. & cert. ef. 8-7-98; BN 2-2002, f. & cert. ef. 3-5-02; BN 1-2003, f. & cert. ef. 3-6-03; BN 6-2021, amend filed 06/21/2021, effective 7/1/2021; BN 6-2022, temporary amend filed 04/25/2022, effective 05/01/2022 through 10/27/2022; BN 11-2023, temporary amend filed 12/29/2023, effective 1/1/2024 through 6/28/2024; BN 7-2024, temporary amend filed 06/20/2024, effective 6/29/2024 through 12/25/2024

Statutory/Other Authority: ORS 678.150

Statutes/Other Implemented: ORS 678.031 & ORS 678.150

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.